Adm. Review Docket Number: FF 110059-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FF 110059-RO
:
M. AND G. REALTY CO., DRO DOCKET NOS.:
FA 110130-OR/ BJ 110859-S
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On June 3, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 15, 1991 concerning
the housing accommodations relating to DRO Docket Number A 110130-
OR/BJ 110859-S.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
On January 10, 1991, the owner filed an application to restore rent
based on the restoration of services. The owner alleged that the
defective conditions, which became the basis of a rent reduction
order under Docket Number BJ 110859-S, have been removed, namely the
following as quoted:
"1. Walls and ceilings throughout apartment
- peeling paint and plaster, cracks, and
discoloring.
2. Bathroom sink cold water faucet leaks.
3. Window mouldings throughout apartment need
painting
main bedroom (3)
bathroom (1)
kitchen (1)
2nd bedroom (1)"
The owner also alleged that a January 4, 1991 letter from DHCR's
Compliance Bureau closed the case.
Thereafter on April 4, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
continuing decreased services. The inspection report stated that
"the bathroom cold water faucet leaks" and that "the window molding
and sills have peeling paint and plaster throughout."
On May 15, 1991, the Administrator issued an order based on said
inspection by denying the owner's request for rent restoration and
continuing the rent reduction in effect.
Adm. Review Docket Number: FF 110059-RO
In this petition, the owner states in substance that this case is
closed because of a January 4, 1991 letter from DHCR's Compliance
Bureau and because of a May 15, 1991 rent restoration order under
Docket Numbers FA 110131-OR/CB 110304-S.
The Commissioner is of the opinion that this petition should be
remanded to the Administrator for further processing.
The owner's submission of a January 4, 1991 letter from DHCR's
Compliance Bureau provides no evidence that services have been
restored. On the contrary, the letter advises the owner "to request
restoration of rent by filing the enclosed application forms" and
that "rent will not be restored until DHCR issues an Order granting
the owner's application for restoration of the rent."
However, a May 15, 1991 rent restoration order under Docket Number
FA 110131-OR/CB 110304-S had the finding of "no evidence of peeling
paint and plaster throughout apartment," which is the opposite
finding of the order appealed from. However, this rent restoration
order has no effect on the finding that "the bathroom cold water
faucet leaks."
Accordingly, the Commissioner finds that the order appealed from
should be remanded to the Administrator for further processing on
the issue whether there is evidence of peeling paint and plaster
throughout the apartment, including but not limited to, window
molding and sills.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this for administrative review be, and the same hereby
is, remanded to the Administrator for further processing in
accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner